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Rules for Trial Setting

All criminal cases will be set for trial at the time of entry of plea unless otherwise ordered by the Court.


Civil cases will be set as follows:

A party desiring to have a cause set for trial and/or pretrial shall file with the clerk of the court in which the case is pending and serve on adverse counsel and the judge assigned to the case the following form:

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF (COUNTY)

 

)

 

(Plaintiff),

)

Case No. (Case Number)

 

)

 

Plaintiff,

)

REQUEST FOR TRIAL

 

)

AND/OR

-vs-

)

PRETRIAL SETTING

 

)

 

(Defendant),

)

 

 

)

 

Defendant.

)

 

1. Type of action:

2. Court or jury case:

3. Jury timely demanded according to Rule 38(b) I.R.P.C.:

4. Name and address of opposing counsel:

5. Estimated trial time: ______ days

6. Trial dates NOT available to counsel requesting setting:

7. Name of member of firm or associate who will try the case:

8. If a jury case, have parties agreed on less than 12 jurors? If yes, how many?

9. Pretrial requested:

The undersigned certifies that the above-entitled case is at issue as to all parties, that a copy hereof was served on the judge assigned to the case personally/by mail on the ____ day of __________, 20___, and requests the same be set for trial and/or pretrial.

Comments:

Dated this ____ day of __________, 20___.

(name of attorney) ________________________

Attorney for:

Residing at: ___________, Idaho

 

If adverse counsel concurs with the statements contained in said request, no further action needs to be taken and the case will be considered for setting by the Court as requested. In the event adverse counsel does not concur in the statements contained in said request or desires to advise the Court of unavailable trial and/or pretrial dates, said adverse counsel shall, within 5 days of the service of the request upon them, file with the clerk and serve upon requesting counsel a Response to Request for Trial and/or Pretrial Setting in the following form:

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF (COUNTY)

 

)

 

(Plaintiff),

)

Case No. (Case Number)

 

)

 

Plaintiff,

)

RESPONSE TO

 

)

REQUEST FOR TRIAL

-vs-

)

AND/OR

 

)

PRETRIAL SETTING

(Defendant),

)

 

 

)

 

Defendant.

)

 

1. The undersigned does not concur in the statements contained in the Request for Trial and/or Pretrial Setting heretofore filed and served herein for the following reasons and in the following particulars:

2. Name of member of firm or associate who will try the case if set for trial and/or pretrial:

3. Trial and/or pretrial dates NOT available to responding counsel:

The undersigned certifies that a copy hereof was served on the judge assigned to the case personally/by mail on the ____ day of __________, 20___.

Dated this ____ day of __________, 20___.

(name of attorney) ________________________

Attorney for:

Residing at: ___________, Idaho

 

Convenience of counsel will not be considered by the Court in setting of cases if the data concerning unavailability of trial dates is not furnished. If all pertinent data called for by the above forms is not furnished, the request and/or response will not be considered by the Court.

Cases shall be set for trial in chronological order according to date of mailing or delivery of the copy of the request to the Court.

A stipulation of counsel for all parties, containing all pertinent information required by the above Request and Response may be filed and served in lieu of said Request and Response.


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